Durable Power of Attorney in Washington can be used to appoint an agent or “attorney-in-fact” to manage your property and assets. This means that the person you appoint will be able to act in your place, have access to your accounts and dispose of your property. It is therefore important that you choose someone that you trust implicitly and who has some knowledge of how to handle finances. This type of form is called “durable” because it remains in effect even if a doctor states you no longer have the mental capacity to act in your own best interest.

Laws – Chapter 11.94 RCW

Durable (Health Care) Power of Attorney – Appoint a friend or family member to represent your interests in regards to your healthcare for when you become unable to effectively communicate your wishes.

How to Write

1 – Save The Washington Paperwork Here To Designate Principal Authority

You can access the appointment paperwork through the buttons captioning the image on this page

2 – The Introduction Must Have Its Declaration Balanced Information

The second paragraph on the first page will display some blank areas where information will need to be provided. The information requested is fairly basic but is necessary to apply this document to the Principal and Attorney-in-Fact this document is concerned with.

To begin, produce the Full and Legal Name of the Principal on the first blank line of the second paragraph. The Principal will use this document to appoint his or her Powers over certain matters to the Attorney-in-Fact. We will need to further substantiate the Principal’s Identity by entering his or her Street Address on the second blank space and his or her State on the third blank space. The last three blank spaces in the second paragraph supply an area to solidify the Attorney-in-Fact. Use the fourth, fifth, and sixth blank spaces to furnish the Name, Street Address, and State of the Attorney-in-Fact. The Attorney-in-Fact will be named as the recipient of the Principal’s Authority and will be able to wield it according to the terms of this paperwork.

3 – The Powers In This Document Must Have A Defined Time Of Access For The Agent

The Attorney-in-Fact’s ability to use Principal Power must be catalyzed into effect in a definitive fashion. Thus, in the “Effective Date” section, the Principal will be supplied with two distinct options that he or she must choose from to apply to define this Start Date. In order to set this in motion, the Principal must initial the blank space attached to the statement he or she desires to apply.

The Principal should initial the statement labeled “A” if he or she intends for these Powers to be designated and available to the Attorney-in-Fact once this document has been executed. However, if the Principal prefers to appoint these Powers only if he or she becomes disabled and declared incapacitated then, Statement “B” should be initialed.

4 – A Clearly Defined List Of Powers Must Be Reviewed And Approved By The Principal

The next area requiring attention and direct input is the “Powers Of Attorney-in-Fact” section. Here, the Principal will have to personally read through each item on this list, identify the Powers he or she wishes to grant the Attorney-in-Fact, then initial the Power that should be granted.

The first statement, “Banking,” refers to the Principal Power to handle the Principal’s Banking Practices with any financial institution that conducts such business. The Principal can deliver such Power to the Attorney-in-Fact but only if the Principal initials the blank space attached to the first statement. In the second definition of Power, “Safe Deposit Box,” the language presented can be used to give the Attorney-in-Fact Principal Authority over the Principal’s Safe Deposit Boxes once the Principal initials the blank space attached to this paragraph. The third statement displayed in this area, labeled “Lending Or Borrowing,” discusses the Principal Powers to perform actions such as making Loans or arranging Promissory Notes on behalf of the Principal. If the Principal wants to delegate such Authority to the Attorney-in-Fact then, the Principal will have to initial the third statement. The Principal can approve the Attorney-in-Fact’s use of Principal Authority regarding his or her “Government Benefits” by initialing the fifth blank line on this list. The Principal Powers the Attorney-in-Fact requires to represent the Principal with his or her “Government Benefits” become available to the Attorney-in-Fact when the Principal supplies his or her initials to the fourth Powers Statement. The Authority to deal with the Principal’s “Taxes” are described with the fifth paragraph’s wording. If the Principal wishes to name the Attorney-in-Fact as a party who can wield his or her Authority when deciding upon action regarding Principal Taxes and engaging in such actions using the Principal’s Name then, the Principal will need to initial the line corresponding to the “Taxes” paragraph. The seventh statement, titled “Insurance,” acts as a tool to designate the Attorney-in-Fact with the Principal Power to take a variety of actions in terms of the Principal’s Insurance policies. Here, the Attorney-in-Fact will be able to represent the Principal in a variety of Insurances (i.e. Automobile, Health, Life, Homeowner’s, etc.) if the Principal initials the eighth paragraph statement. The next statement, “Real Estate,” discusses the various actions the Attorney-in-Fact can undertake using the Principal’s Name once the Principal initials empty line next to this paragraph. In the “Personal Property” statement, the Principal can approve of the Attorney-in-Fact’s Principal Authority to handle his or her Property using his or her Name. If the Principal intends to deliver this type of Authority to the Attorney-in-Fact, he or she must initial the ninth statement The tenth statement, “Power To Manage Property,” enables the Principal to grant the Attorney-in-Fact the same Authority he or she carries when performing management actions such as improving, repairing, or investing. To grant such Authority the Principal should initial the tenth blank space in this list The eleventh definition presented in this list, “Gifts,” shall give the Attorney-in-Fact the Principal Power to make transfers, forgive debts, donate to charity, and other Gifting activities using the Principal’s Name if it is initialed by the Principal. The “Legal Advice And Proceedings” concerning the Principal and that may be required by the Principal can be handled by the Attorney-in-Fact on behalf of the Principal once he or she initials the blank space supplied to this definition. The Principal also retains the right to adjust any of the Powers on this list. Such adjustments can be made to limit, restrict, or extend the Principal Powers delivered here. If any such provisions or instructions should be applied to this document, then they must be reported before signing. Several blank lines have been furnished to the “Special Instructions” section so this requirement may be satisfied.

5 – The Execution Of These Washington Powers Can Only Be Accomplished Through The Principal Signature

The Principal’s execution of this document can only be accomplished when he or she signs it under the proper conditions. That is, the Principal Signature must be Dated by the Principal and Witnessed by three people: two Witnesses and a Notary Public. The Principal should turn his or her attention to the conclusion of this document to execute it.

The three blank spaces in the last statement have been placed so the Principal’s Signature Date can be recorded in a proper manner. After the Principal has provided the Signature Date, he or she should sign the empty line bearing the label “Principal’s Signature.”  The Witness statement supplied under the Principal Signature area will have to be read by each Witness present at the time of signing. Once this passage has been read, each Witness must sign the “Witness’s Signature” line then supply his or her Complete Address in the area provided. Enough space for each Witness to work with his or her own area has been allotted. The Notary Public will notarize the Principal Signing as a method to authenticate its signing. Lastly, the Attorney-in-Fact’s Full Name should be printed on the first blank space in the “Specimen Signature And Acceptance Of Appointment.” The Attorney-in-Fact must sign his or her Name on the line designated as “Attorney-in-Fact’s Signature.”  After signing his or her Name, the Attorney-in-Fact should release this document to the attending Notary Public who will then notarize the Attorney-in-Fact signing using the second area on this page.